Terms of Use

This VolksChoice.com Terms of Use is effective from February 13, 2024.

INTRODUCTION

This agreement contains the terms and conditions (the "Terms of Use") under which we offer you (the "user"), access to this Site and its Services (as defined below). Among other things, these Terms of Use describe the user's responsibilities and limit Our liability. Before using any of the Services, please read these Terms of Use carefully.

USER ACCEPTANCE

By using the Services and/or visiting the Site, you agree to be legally bound and to abide by the Terms of use. If you do not agree to the Terms of use, you must not use the Site or the Services.

OUR SERVICES

Our Services, which are available on this Site, help you find and browse informations you may need, and allow you to submit Articles/informations/contents and features to the Site for your own use and for viewing by other users.

These Terms of Use apply to any user of the Site and Services, regardless of whether or not the user submits content for public display on the Site. The Site may also contain links to third party websites that are not owned or controlled by Us. We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. We will not censor or edit the content of any third-party websites. By using the Site, you expressly relieve Us from any and all liability arising from your use of any third-party website

ELIGIBILITY

You must be 13 or over, or the legal age to form a binding contract in your jurisdiction if that age is over 13 years of age, to register as a member or to use the Site and Services. If you are under the applicable age, you can use the Site under the supervision of your parent or guardian who has agreed to the Terms of use. However, you must be 13 years or older to use this Site. If you do not qualify, please do not use the Site. In the event that we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. Please contact us if you believe we may have any information about or from a child under the age of 13.

REGISTRATION

To create a user Account on the Site and to submit content, you are required to register as a member. If you register, you are required to provide accurate and up-to-date information, including an email address, password, and any other details we may request from time to time, such as your username, date of birth, or user ID. You may not use a false name or User ID with the intent of impersonating another person. You may receive confirmation and thank you emails for your membership. We reserve the right to cancel your membership at our discretion without prior notice.

RIGHTS TO USE

Subject to the Restrictions on Rights to Use in these Terms of Use, We hereby grants you permission to use the Site and Services, provided that:

you will not copy or distribute any part of the Site without Our written permission.
you will not alter or modify any parts of the Site.
you will comply with the Terms of Use, Privacy Policy and Publisher Agreement, if applicable.

RESTRICTIONS ON RIGHTS TO USE

You are solely responsible for any and all activity that occurs on your account and you must keep your password secure. Furthermore, you shall not:

modify, translate or reverse engineer any portion of the Site or Services.
launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Site in a manner that sends more request messages to Our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, We grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserves the right to revoke these exceptions either generally or in specific cases.
collect or harvest any personally identifiable information, including member names and User IDs, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes.
solicit, for commercial purposes, any users of the Site with respect to their User Submissions.
remove any copyright, trademark or other proprietary rights notices contained in or on the Site.
create user accounts by automated means or under false or fraudulent pretenses.
create or transmit unwanted electronic communications such as "spam" to other users or members of the Site or otherwise interfere with other user's or member's enjoyment of the Site.
transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature.
use the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene.
copy or store any content offered on the Site for other than your own use.
use any device, software or routine that interferes with the proper working of the Site and/or Services.
use the communication systems provided by the Site for Harassing or Disturbing other users of this site.

USER SUBMISSIONS

We encourage you to submit to the Site a variety of content forms("User Submissions"). The Site provides a venue for hosting, sharing, and/or publishing such User Submissions. You understand that whether or not such User Submissions are published, We do not guarantee any confidentiality with respect to any User Submissions.

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that:

you own or have the necessary licenses, rights, consents, and permissions to use and authorize Us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms of Use.
you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms of Use.

In connection with User Submissions, you further agree that you will not:

submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Us all of the license rights granted herein.
publish falsehoods or misrepresentations that could damage Us, other users or any third party.
submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.
post advertisements or solicitations of business.
impersonate another person.

LIABILITY ON USER SUBMISSIONS

We do not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and We expressly disclaims any and all liability in connection with User Submissions. We reserve the right to remove User Submissions without prior notice. We will also terminate Users' access to the Site, if they are determined to be repeat offenders. We also reserve the right to decide whether User Submissions are appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. We may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at our sole discretion.

CONTENT ACCURACY

You should understand that when using the Site, you will be exposed to User Submissions from a variety of sources, and that We are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Us with respect thereto, and agree to indemnify and hold Us, our owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.

INTELLECTUAL PROPERTY RIGHTS

We respects the intellectual property of others and we ask that you do the same. It is our policy to expeditiously respond to claims of copyright, trademark and other intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the applicable intellectual property laws. We reserve the right to remove or disable access to any Content, Third-Party Content or Submissions claimed to be infringing or claimed to be the subject of infringing activity. We will terminate this license and the account for any account holders who infringe on the intellectual property rights of others. You may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended that you seek the advice of an attorney.

The following copyright information is provided for informational purposes only and should not be construed as legal advice. You should contact a licensed attorney should you require legal advice or representation. The Copyright Act affords a copyright owner the exclusive right to:

reproduce the copyrighted work.
prepare derivative works.
distribute copies or phonorecords.
perform the copyrighted work publicly.
display the copyrighted work publicly.

An author or creator need not register the work with the Copyright office to possess common law copyright to a work. A copyright protects the form of expression rather than the subject matter. For example, if we write and post an article, we have the right to prevent others from copying the article, sharing the article with others without permission, giving a presentation from the article, or publicly displaying the article on a website or otherwise. A violation of a copyright owner's rights is known as copyright infringement.

The fact that a work is available on the Internet or somewhere else does not make it available for any use, whether registered or not. Permission may be required to use a copyrighted work that is not in the public domain or subject to fair use. Not only are you prohibited from using all the rights reserved by us in our copyrighted works, but we must take down content uploaded by third parties that infringes upon someone else's copyright.

COPYRIGHT INFRINGEMENT POLICY

We will remove any Content or User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. It is Our policy to block access to or remove any material that it believes in good faith to be copyrighted material that has been illegally copied and distributed on the Site, and to remove repeat offenders from the Site and to deny them access to the Services. If you believe anything hosted on our website infringes your copyright, please feel free to contact us

DISCLAIMER OF WARRANTIES

OUR SITE AND SERVICES AND ALL PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:

WE MAKE NO WARRANTIES, AND EXPRESSLY DISCLAIM, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
WE MAKE NO WARRANTIES THAT ITS SITE OR SERVICES, OR THE SERVICES AVAILABLE THROUGH THE SITE, WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OPERATE WITHOUT ERROR OR BE FREE OF SOFTWARE ERRORS OR COMPUTER VIRUSES. NOR DOES WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICE.
WE DOES NOT WARRANT THAT THE PRODUCTS, SERVICES, DESCRIPTIONS, INFORMATION OR MATERIAL INCLUDED ON THE SITE WILL BE AS REPRESENTED BY OTHER THIRD-PARTY PROVIDERS, WILL BE FREE OF DEFECTS OR LAWFUL TO SELL, OR WILL BE SATISFACTORY TO YOU, OR THAT THIRD-PARTY PROVIDERS WILL PERFORM AS PROMISED.
WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WE EXPRESSLY DISCLAIM ANY OBLIGATION, LIABILITY OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM ANY NEGLIGENCE OF OUR's.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL VolksChoice OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF, IN CONNECTION WITH OR RESULTING FROM THESE TERMS OF USE OR OUR SITE OR SERVICES, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE. IN ANY CASE, OUR LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED AND MAY NOT EXCEED THE AMOUNT CHARGED IN CONNECTION WITH A PARTICULAR TRANSACTION GIVING RISE TO LIABILITY.
UNDER NO CIRCUMSTANCES WILL WE OR OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, ARISING OUT OF, IN CONNECTION WITH OR RESULTING FROM ANY RESTAURANT PRODUCTS OR SERVICES AVAILABLE THROUGH OUR SITE OR SERVICES, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE.
Some states/countries, to the extent their law might be deemed to apply, might not allow the limitation of liability, so the foregoing limitations might not apply to you.

INDEMNIFICATION

You agree to indemnify and hold, directors, officers, employees and representatives, harmless from and against any loss, cost, claim, damages, liability and expense, including reasonable attorneys' fees, and further including any injuries to third parties arising out of or relating to:

your breach of these Terms of Use.
any fraud, manipulation, deception or misrepresentation by you.
any wrongdoing, willful misconduct or negligence on your part with respect to your use of the Site or Services.
any violation of applicable federal or state laws or regulations.

PRIVACY

Please see our Privacy Policy for an explanation of our online information practices with regards to information submitted to the Site.

TERMINATION

We may, in Our sole discretion, terminate these Terms of Use and your use or access to the Site and/or its Services immediately and without notice for any reason.

LOCAL LAWS

We operates this Website from within India. The Content, Third-Party Content and/or Submissions may not be appropriate or available for use in other locations. If you use this Website outside India, you are responsible for following applicable local laws.

GENERAL INFORMATION

Governing Law. These Terms of use, and all aspects of the relationship and dealings between you and Us, shall be governed by the laws of India without regard to its conflict of law provisions.
Jurisdiction. Any lawsuit that arises between you and Us in connection with or related to these Terms of Use, the Site or the Services shall be brought exclusively in federal courts of Calicut. You and VolksChoice expressly consent to the exclusive personal jurisdiction of such courts.
Complete Terms of Use. These Terms of Use, the Privacy Policy, a Publisher Agreement, if applicable, and all materials expressly incorporated herein by reference constitute the full and complete Terms of Use between you and Us. You and Us have not relied upon any promises, representations, statements or undertaking other than those set forth herein. No oral modifications to these terms of use are permitted or valid. If any provision of these terms of use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
No Agency. You and Us are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms of use.
Assignment. You may not assign these Terms of use or any of your rights hereunder to a third person without first obtaining our express written consent.

CONCLUSION

We reserve the right, in our sole discretion, to amend these Terms of Use at any time upon posting the amended terms on the Site, or upon providing notice thereof by electronic or conventional mail or any other reasonable means. The amended terms shall automatically be effective. You should visit this page from time-to-time to review the then-current terms, because they are binding on you. The user's continued use of the Site and the Services following Our posting of any changes will constitute the user's acceptance of such changes.